LEGAL PROBLEMS RELATED TO REPLACING DUTIES AND FUNCTIONS OF A VILLAGE CHIEF AND A VILLAGE HEADMAN REGARDING THE PROMOTION OF LOCAL ADMINISTRATIVE ORGANIZATION TO CITY MUNICIPAL OR TOWN MUNICIPAL.

Abstract

Abstract

          The purpose of this research article is to study the history and intentions related to the resignation and termination of the positions of Subdistrict Headman and Village Headman, including the problems that arise as a result. Comparative analysis of The Local Administration Act B.E. 2457 and The Municipality Act B.E. 2496 and compare foreign laws and to suggest guidelines for improving or amending the law regarding retirement and termination of the position of Subdistrict Headman and Village Headman in order to be appropriate and in line with the context of this research area, it is qualitative research by studying information from various documents both domestic and foreign.

          The research results found that Resignation from the position of Subdistrict Headman and Village Headman, when a locality is raised to the status of city municipality or town municipality, it affects all parties, whether it is the Subdistrict Headman and Village Headman. Including people who need to contact the provincial government. And the provincial government itself lacks key personnel in the areas closest to the people to drive state policy while no measures have been taken to accommodate the said problem. Therefore, two important problems were found: (1) there was no remedy for the Subdistrict Headman and Village Headman who must leave their position (2) There are no government personnel able to perform duties on behalf of the Subdistrict Headman and Village Headman in accordance with certain legal regulations. The researcher therefore has a proposal for community leaders according to the law of the city municipality or town municipality to have authority and duties on their behalf and determine remedial measures for the Subdistrict Headman and Village Headman will remain in position and continue to receive compensation until that person's 4-year evaluation period.